Learn how to identify and address common estate and fiduciary claims from pre- to post-probate, and apply effective dispute resolution strategies to protect client interests in complex estate matters.
Trusts and estate practitioners, including fiduciary litigators, regularly encounter a wide range of claims related to wills and estate administration. This program provides a clear overview of estate-related disputes from pre-probate through accounting proceedings, offering practical strategies for identifying, managing, and resolving such matters. Participants will examine common pre-probate issues such as will contests, lack of due execution, forgery, lack of testamentary capacity, undue influence, duress, and fraud, as well as post-probate claims including breach of fiduciary duty, demands for distributions or information, and fiduciary actions to recover property or obtain court guidance.
The course will also address accounting proceedings, attorney compensation claims, and key methods for dispute resolution - including negotiation, mediation, arbitration, and litigation.
Learning Objectives
- You will be able to identify common pre-probate and post-probate claims, including will contests, lack of due execution, undue influence, fraud, and breach of fiduciary duty.
- You will be able to describe the types of demands and actions that may arise between fiduciaries, beneficiaries, and third parties during estate administration.
- You will be able to explain the processes and considerations involved in accounting proceedings and claims for attorney compensation.
- You will be able to discuss methods for resolving estate disputes, including negotiation, mediation, arbitration, and litigation, and determine which approach is most effective in various scenarios.
Agenda
Review of Estate-Related Claims
Pre-Probate Litigation - Will Contests
- Lack of Due Execution
- Forgery
- Lack of Testamentary Capacity
- Undue Influence
- Duress
- Fraud
Post-Probate Litigation
- Determination of Claims Against an Estate
- Claims Against Fiduciaries
- Claims by Fiduciaries
- Accounting Proceedings
- Claims for Attorney Compensation
Methods for Resolving Estate Disputes
- Party Negotiations
- Mediation
- Arbitration
- Litigation
Speakers
Steven H. Holinstat,
Proskauer Rose LLP- Senior counsel in the Litigation Department for Proskauer Rose LLP that has received Tier One Rankings for trusts and estates litigation by U.S. News Rankings
- Has a broad and diverse background in all aspects of high-stakes commercial litigation; he is one of the firm’s principal fiduciary litigators, is the lead litigator in a number of high-net-worth trust and estate matters, and has developed a reputation for being adept at intervening and resolving challenging interfamily disputes before they escalate into full-blown litigation
- When litigation is unavoidable, he is an aggressive and experienced trial lawyer; he has handled cases before federal and state courts around the country and numerous arbitrations before JAMS, the American Arbitration Association, the Financial Industry Regulatory Authority (formerly the National Association of Securities Dealers, or NASD) and the International Chamber of Commerce
- Published articles and lectured domestically and internationally on topics in the field of fiduciary litigation
- Member of the Surrogate’s Court Committee of the NYS Bar Association, the Litigation Committee of the NYC Bar Association and the Alternative Dispute Resolution Commit-tee for the NYC Bar Association
- Can be contacted at 212- 969-3104 or sholinstat@proskauer.com
Who Should Attend
This live webinar is designed for attorneys, estate planners, accountants, presidents, vice presidents, CFOs, controllers, business owners and managers, tax managers, financial planners, and lenders.
